Loading...
HomeMy WebLinkAboutZBA_10151996�`'f 1 '` i tr.t_D ZONING BOARD OF APPEALS,= S6 t'Ota t II All 22 MINUTES OCTOBER 15, 1996 F1A5SAC;�Ii,Fl l 3 The Board of Appeals held its regular meeting in the Town Hall, Mansfield, MA, at 7:30 P.M. Present at the hearing were the following members: Richard Secher, Chairman; Donald Daniels, Clerk; Leonard Flynn; Peter DeTrolio; and Duane Frederick, Associate Member. Mr. Frederick was appointed voting member in place of Mr. Butler for this meeting. The hearing on the application of Gerald St. Hilaire for a Finding per Sections 3.10.4 and 6.2.2.13 of the Zoning By -Law, to allow for an alteration [deck addition] of a pre - existing, nonconform- ing single family structure located at 25 Bella Vista Avenue in the R -3 Zone began at 7:40. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B'; and a Zoning Board Plan dated September 24, 1996 prepared by Hutchins - Trowbridge Associates, Mansfield, MA, was labeled as Exhibit "C ". Mr. Daniels read a letter from the Planning Board into the record. "With five (5) members present they voted unanimously to send a positive recommendation on the application." Mr. Secher asked Mr. and Mrs. St. Hilaire to present their case. Mr. St. Hilaire explained that they would like to construct a 13.20'x 20' deck on the back of their house. The applicants also had a petition signed by their neighbors who were all in support of this addition. The hearing closed at 7:55 P.M. A motion was made by Mr. DeTrolio and seconded by Mr. Frederick to grant the finding to Mr. and Mrs. St. Hilaire. Unanimously granted. 5 -0 Reasons: meets all dimensional requirements. The hearing on the application of Christine Inglese for a Finding per Sections 3.10.4 and 6.2.2.1) of the Zoning By -Law, to allow for the alteration of a pre - existing, non- confonning single family structure located at 44 Shields Street in the R -2 Zone began at 7:45. The application was labeled Exhibit "A "; newspaper advertisement as Exhibit "B "; and a Plan of Land dated September 3, 1996 prepared by David E. Grant, R.L.S., Mansfield, MA, was labeled Minutes of October 15, 1996 as Exhibit "C ". Mr. Daniels read a letter from the Planning Board into the record. "With five (5) members present they voted unanimously to send a negative recommendation on the application. The Board's decision is based on their opinion that the proposed deck further encroaches on the sideyard requirement and increases the non - conformity and should be relocated to conform with zoning." The application was advertised for a Finding but the applicant stated that she had requested a variance. A motion was made by Mr. Flynn and seconded by Mr. DeTrolio to continue the meeting until November 19, 1996 and readvertise the applicant at the cost of the Town. Unanimously approved. The hearing on the application of Twin Oaks Associates for a Variance from Section 4.7.2.1 of the Zoning By -Law, to allow for a sign larger than allowed in the R -2 Zone, said sign to be located at Twin Oaks Village, 149 Oakland Street which was continued from October 1, 1996 was continued at 7:50 P.M. Mr. David Poorvu presented new plans showing the exact location and size of the sign. The sign shall be 3'x6; not illuminated or self - illuminated; shall be three (3) feet off the ground from the bottom of the sign; and the existing 2'x3' sign shall be removed. Also, there were no objections from any abutters. The hearing was closed at 8:05 P.M. The hearing on the application of Kevin Delaney, Trustee of Wayfield Realty Trust, for a Vari- ance from Section 1.5.17a of the Zoning By -Law, to allow for a lot [Lot 1, Wayfield Subdivision, 447 West Street] with less than the required lot width for the R -2 Zone began at 8:05 P.M.. The application was labeled Exhibit "A'; newspaper advertisement as Exhibit "B "; and a Board of Appeals Plan of Land dated September 20, 1996 prepared by Tilton & Associates, Inc., North Attleborough, MA, was labeled as Exhibit "C ". Mr. Daniels read a letter from the Planning Board into the record. "With five (5) members present they voted unanimously to send a negative recommendation on the application. The Board refers you to the attached plan showing that this plan was granted based on the dwelling located on Lot 1 being moved to Lot 2, and that Lot 1 was identified as a non - buildable lot. The Board is therefore of the opinion that the hardship was created by the applicant and that there is no justification for the granting of this variance." Mr. Secher asked the applicant to present his case. Minutes of October 15, 1996 Attorney Jim Thrasher introduced himself as representing Mr. Delaney. Mr. Thrasher further explained that Wayfield Realty Trust is the owner of a parcel of land on West Street in Mansfield which has been approved for subdivision by the Planning Board. The subdivision consists of seven lots. The subject of this variance applicant is Lot 1, upon which the applicant proposed to move the existing house at 447 West Street. The existing home on the site was constructed over one hundred years ago and represents a unique piece of Mansfield's history. The applicant hopes to link historical Mansfield to the new subdivision by moving the dwelling from its present position facing West Street to one facing the newly approved private way. The effect will be to blend harmoniously historical and modern Mansfield. The two alternatives would be to either attach Lot 1 to Lot 2 and create an oddly shaped "L ", or destroy the existing home facing West Street and leave Lot 1 a perpetual vacant lot. The hearing closed at 8:30 P.M. A motion was made by Mr. Daniels and seconded by Mr. DeTrolio to grant a variance to Twin Oaks Associates. Unanimously granted 5 -0. Reasons: Unique situation, across the street from a factory and an I1 zone; sign is too small for a lot with almost 500' of frontage. Sign must be 3'x6; bottom of sign must be 3 feet off the ground; precise location as an the plan; existing sign must be removed. A motion was made by Mr. DeTrolio and seconded by Mr. Flynn to deny the variance to Kevin Delaney. Denied 4 -1 (yes - Secher, Flynn, DeTrolio, Frederick - no - Daniels). Reasons: (1) Planning Board granted this subdivision based on the fact that the building located on Lot 1 be either destroyed or moved to Lot 2 and Lot I being identified as an unbuildable lot (they were very specific); (2) no hardship was proven; (3) derogates from the intent of the Zoning By -Law; (4) applicant was aware of the subdivisions intentions before he came before the Zoning Board. A motion was made by Mr. Flynn and seconded by Mr. DeTrolio to approve the Minutes of October 1, 1996. Unanimously approved. A motion was made by Mr. DeTrolio and seconded by Mr. Frederick to adjourn the meeting at 9:00 P.M. Respectfully submitted, Donald Daniels, Clerk